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(영문) 광주지방법원 2018.05.24 2017구단1950

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On November 22, 2015, the Plaintiff, a foreigner of the nationality of the Russia Federation (hereinafter referred to as “ Russia”), entered the Republic of Korea as a sojourn status for visa exemption (B-1, 30 days of sojourn) and applied for refugee status to the Defendant on August 5, 2016.

B. On March 10, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On March 10, 2017, the Plaintiff filed an objection with the Minister of Justice on March 10, 2017, but was dismissed on October 11, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined an illegal organization related to the religion of SECT in 2012, which was forced to pay money from 2014 to 2015, and was assaulted against his/her assistant. As such, there is sufficient concern that he/she would be subject to imminent fear in returning to the Republic of Korea due to Russia, and the disposition of this case, which did not recognize it on a different premise, is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 3 as well as the overall purport of the pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff shall pay money from an illegal organization related to religion, i.e., SECT in its territory.